Medical malpractice law is multifaceted and complicated. California medical malpractice attorneys may help individuals navigate and understand medical malpractice law and advise individuals through various legal processes. If you’re an individual attempting to navigate medical malpractice legal classification, lawsuits, establishing fault, affidavits of merit, statutes of limitation, or any other legal matters related to medical malpractice law, a California medical malpractice attorney can help.

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Her Lawyer connects individuals in need of legal help with qualified attorneys based on their location, legal matter, and preferences. We can connect you with the right medical malpractice lawyer in California, including:

• Los Angeles
• San Diego
• San Jose
• San Francisco
• Fresno

How Does California State Law Define Medical Malpractice?

California state law considers medical malpractice a type of legal negligence. Therefore, the plaintiff must establish the defendant’s fault under the scrutiny of legal negligence provisions.

How can a California attorney establish fault in a medical malpractice suit?

In California, four elements are necessary for courts to determine fault:

1. Duty

First, the plaintiff must prove the defendant owed the plaintiff a legal duty of care. In medical malpractice cases, the law automatically establishes duty. All California doctors and medical care providers have a duty to their patients. While all medical professionals have a duty to reasonable care when practicing medicine, the expected legal duty of care is context-dependent. Thus, the expected duty of care may shift to accommodate the circumstances where the alleged negligence occurred.

2. Breach

Second, the plaintiff must establish the defendant’s breach of duty. A breach of duty occurs if the defendant did not fulfill the expected legal duty of care. Courts will not find the defendant guilty of negligence if the defendant did not breach the expected legal duty of care. In a medical malpractice case, the plaintiff or attorney must show the defendant failed to exercise reasonable care when treating, diagnosing, or providing any other type of medical care to the plaintiff.

3. Causation

Next, the plaintiff must prove the defendant’s breach of duty directly caused the plaintiff’s injury or harm. The plaintiff must also prove the resulting injury was foreseeable. In other words, a reasonable person could foresee potential injurious consequences of their negligent actions. If the defendant’s actions resulted in a random or unforeseeable action, the court will not find the defendant at fault. In a medical malpractice case, the defendant’s negligence must directly cause the medical injury or condition.

4. Damages

Lastly, the plaintiff must establish damages from the defendant’s negligent action. If the court finds the defendant guilty of negligence, the court will award the plaintiff compensation proportional to the damages. Compensation may include economic and non-economic damages.

What is the Statute of Limitations for Medical Malpractice Civil Suits in California?

A statute of limitation is a law establishing a time limit to bring cases to court. A statute of limitations forbids prosecutors or individuals from bringing cases to court after a person committed the crime a specified number of years ago. The purpose of limitations is to ensure evidence has not deteriorated over time.

According to the California Code of Civil Procedure, the statute of limitations for individuals to file a civil suit for medical malpractice is typically one year after the plaintiff becomes knowledgeable or reasonably should become knowledgeable of the injury. In instances where the plaintiff does not discover the injury immediately and is an adult, the statute of limitations may not exceed three years from the date of the injury’s occurrence. If the plaintiff’s injury occurred before the plaintiff’s 18th birthday, the statute of limitations is three years from the date of the injury’s occurrence. If the child is under the age of six the statute of limitations is the child’s eighth birthday or three years, whichever time is a larger filing period.

What is a ‘pure comparative negligence’ state?

California is a pure comparative negligence state. A pure comparative negligence state uses a standard to approximate faults and award damages. In pure comparative negligence states, the court may find the plaintiff partially responsible for the injury. As a result, the court will reduce the awarded damages to account for the plaintiff’s proportionate responsibility.

Courts determine the plaintiff’s proportionate responsibility. Courts consider the degree to which the plaintiff is at fault for their injuries. Either party may receive court-awarded compensation, regardless of their degree of fault in the accident. The court, however, will modify the party’s liability and compensation accordingly. For example, a judge who deems the plaintiff 20% at fault for an accident will award the plaintiff 80% of the individual’s damages.

Is there a cap to medical malpractice civil suit compensatory awards in California?

Yes, in California there is a cap to medical malpractice civil suit compensatory awards for non-economic damages. In 2022, Governor Newsom signed Assembly Bill 35 to cap medical malpractice monetary non-economic awards at $250,000.

Non-economic damages may include:

• Pain and suffering,
• Physical impairment,
• Loss of enjoyment of life, and
• Loss of consortium.

How Can a California Medical Malpractice Attorney Help Me?

A California medical malpractice attorney may assist individuals in all aspects of medical malpractice law. California medical malpractice attorneys can navigate their clients through legal inquiries regarding medical malpractice legal classification, lawsuits, establishing fault, affidavits of merit, statutes of limitation, and all other legal matters related to medical malpractice law. Medical malpractice attorneys in California may also provide legal counsel through civil proceedings to ensure a desirable and appropriate outcome.

Free Consultation With a California Medical Malpractice Attorney

If you’re an individual attempting to navigate medical malpractice law and need a lawyer, get your free consultation with one of our California medical malpractice attorneys today! We’re here to help 24/7.